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Micro, Small and Medium Enterprises Development Act, 2006

43 judgments · newest first · showing 1–43

TANMAY CHANDRASHEKHAR AMRUTKARversusSTATE OF MAHARASHTRA

Allowed

The Bombay High Court considered a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on behalf of Tanmay Chandrashekhar Amrutkar, who was accused of offences under the Bharatiya Nyaya Sanhita, 2023 and the Aadhaar Act, 2016 for unauthorised operation of an …

ETHIQUAL GLOBAL PRIVATE LIMITEDversusUNION OF INDIA

Disposed Off

Ethiqual Global Private Limited filed a writ petition seeking a direction to the Micro and Small Enterprises Facilitation Council (Respondent No.3) to hear and decide its application under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006. The Court, without examining the …

M/S. OMKAR PUBLICITY PROMOTIONS AND ANRversusM/S. NILAY ENTERPRISE

Disposed Off

Nilay Enterprise (petitioner) supplied bags and related items to Omkar Publicity Promotions (respondent 1). A dispute arose over product quality and delayed payment for transactions that occurred before Omkar obtained MSMED registration on 19‑Aug‑2020. Omkar invoked Section 18 of the MSMED Act, …

GAURAV KUMAR GUPTA @ GAURAV GUPTAversusSTATE OF U.P. AND ANOTHER

The applicant, Gaurav Kumar Gupta, challenged a summoning order dated 27‑01‑2025 that named him as an accused under Sections 406, 504 and 506 IPC in a complaint filed by a business associate over an alleged unpaid debt of Rs 4,17,030. The applicant argued that the complaint lacked the essential …

PRATAP INDUSTRIAL PRODUCTSversusHINDUSTAN CONSTRUCTION COMPANY LTD

DISPOSED OFF

The applicant, M/s. Pratap Industrial Products, sought leave to withdraw several execution and commercial execution applications filed against M/s. Hindustan Construction Company Ltd. after a Single Judge of the Himachal Pradesh High Court set aside a District Judge's order under Section 19 of the …

PRPRATAP INDUSTRIAL PRODUCTSversusHINDUSTAN CONSTRUCTION COMPANY LIMITED

DISPOSED OFF

The applicant, M/s. Pratap Industrial Products, sought leave to withdraw several execution and commercial execution applications filed against M/s. Hindustan Construction Company Ltd. after a Single Judge of the Himachal Pradesh High Court set aside a District Judge's order under Section 19 of the …

UNION OF INDIAversusTIRUPATI TEXCO PRODUCTS PVT. LTD. 132-D

The Union of India appealed to the Allahabad High Court under Section 37 of the Arbitration and Conciliation Act, 1996 against a series of orders of the Commercial Court, Kanpur Nagar that dismissed its applications under Section 34 of the same Act because it failed to make the statutory pre‑deposit …

SHREE SHANTINATH STEELSversusTHE BOARD OF DIRECTORS OF ABHYUDAYA CO OP BANK LTD

DISMISSED

The petitioners, members of Abhyudaya Co‑op Bank, defaulted on loan repayments and the bank referred the dispute to arbitration under Section 84 of the Multi‑State Co‑operative Societies Act, 2002, also invoking the SARFAESI Act for security enforcement. The arbitrator issued awards which the …

SATHEESH V.K.versusTHE FEDERAL BANK LTD.

2025 INSC 1140Dismissed

The appellant, a borrower, defaulted on a loan from The Federal Bank and the bank classified the loan as a Non‑Performing Asset, invoking SARFAESI provisions. The High Court ordered the appellant to pay Rs.2 crore immediately and the balance in twelve instalments, which the appellant challenged by a …

ODISHA STATE FINANCIAL CORPORATIONversusVIGYAN CHEMICAL INDUSTRIES AND OTHERS

2025 INSC 928Appeal(s) allowed

The Odisha State Financial Corporation (OSFC) financed a bleaching powder unit that defaulted, leading to its possession of the unit and subsequent litigation. Respondent Vigyan Chemical Industries sued the defaulting borrower and later impleaded OSFC, claiming repayment with interest calculated …

M/S HARCHARAN DASS GUPTAversusUNION OF INDIA

2025 INSC 689Appeal(s) allowed

The appellant, a MSME supplier based in Delhi, entered into a contract with ISRO for construction of staff quarters, which contained a clause fixing Bengaluru as the seat of arbitration. Disputes arose and the supplier invoked the Micro, Small and Medium Enterprises (Development) Act, 2006, …

LIFECARE INNOVATIONS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2025 INSC 269Disposed off

Lifecare Innovations Pvt. Ltd., a micro‑enterprise manufacturing a specialised liposomal drug, was repeatedly disqualified from government tenders because the Notice Inviting Tender (NIT) imposed mandatory minimum turnover requirements that it could not meet. The petitioners argued that such clauses …

NBCC (INDIA) LTD.versusTHE STATE OF WEST BENGAL & ORS

2025 INSC 54Matter referred to larger bench

NBCC (India) Ltd., a micro‑small enterprise, entered into several construction contracts with the State of West Bengal and later filed a memorandum under Section 8 of the MSMED Act, 2006 after the contracts were executed. The enterprise then referred a payment dispute to the Micro and Small …

M/S BHARTI AIRTEL LTD.versusTHE COMMISSIONER OF CENTRAL EXCISE, PUNE

2024 INSC 880Disposed off

The Supreme Court examined whether mobile service providers (MSPs) could claim CENVAT credit on excise duties paid for mobile towers and prefabricated buildings (PFBs) used in their networks. The dispute arose from conflicting decisions of the Bombay High Court, which held the towers and PFBs to be …

M/S PRO KNITSversusTHE BOARD OF DIRECTORS OF CANARA BANK & ORS.

2024 INSC 565Appeal(s) allowed

The appellants, MSME borrowers, challenged the classification of their loan accounts as non‑performing assets by Canara Bank and other banks, contending that the banks had violated the procedural framework prescribed in the Government’s 29 May 2015 Notification under Section 9 of the MSMED Act. The …

HARI BABU THOTAversus*

2023 INSC 1056Appeal(s) allowed

Shree Aashraya Infra‑Con Ltd was placed under corporate insolvency resolution process (CIRP) and the appointed resolution professional, Hari Babu Thota, submitted a resolution plan drafted by the promoters and approved by the Committee of Creditors. The National Company Law Tribunal (NCLT) dismissed …

M/S SUNEJA TOWERS PRIVATE LIMITED & ANR.versusANITA MERCHANT

2023 INSC 391Appeal(s) allowed

Anita Merchant booked three flats from Suneja Towers Private Limited, paid 60% of the price, but the builder failed to deliver possession even after the agreed period, leading her to file consumer complaints. The District Forum dismissed the complaints, but the State Consumer Commission reversed the …

KOTAK MAHINDRA BANK LIMITEDversusGIRNAR CORRUGATORS PVT. LTD. & ORS.

2023 INSC 12Appeal(s) allowed

Kotak Mahindra Bank Ltd., a secured creditor, sought possession of mortgaged assets of One Mission Vivacare under the SARFAESI Act after the borrower defaulted. The District Magistrate ordered possession, but the Naib Tehsildar refused, invoking a recovery award under the MSMED Act. The High Court …

M/S PAHWA PLASTICS PVT. LTD. AND ANRversusDASTAK NGO AND ORS.

2022 INSC 345Appeal(s) allowed

The appellants, Pahwa Plastics Pvt. Ltd. and related firms, are MSME manufacturers of formaldehyde that obtained Consent to Establish and Consent to Operate from the Haryana State Pollution Control Board but did not secure prior environmental clearance (EC) as required by the 2006 EIA Notification. …

JHARKHAND URJA VIKAS NIGAM LIMITEDversusTHE STATE OF RAJASTHAN & ORS.

2021 INSC 898Appeal(s) allowed

Jharkhand Urja Vikas Nigam Ltd, the successor to Jharkhand State Electricity Board, entered into a contract with M/s Anamika Conductors Ltd for supply of conductors. The supplier, claiming payment, approached the Rajasthan Micro and Small Enterprises Facilitation Council under Section 18 of the …

M/S. NEWTECH PROMOTERS AND DEVELOPERS PVT. LTD.versusSTATE OF UP & ORS. ETC.

2021 INSC 716Disposed off

The Supreme Court considered appeals filed by Newtech Promoters and Developers challenging orders of the Uttar Pradesh Real Estate Regulatory Authority that directed refund of home‑buyers' money with interest. The promoters argued that the authority, a single member, lacked jurisdiction, that the …

GUJARAT STATE DISASTER MANAGEMENT AUTHORITYversusM/S ASKA EQUIPMENTS LIMITED

2021 INSC 641Disposed off

The Gujarat State Disaster Management Authority (appellant) was ordered by a Facilitation Council under the MSME Act to pay Rs 105,053,387 to M/s Aska Equipments Ltd (respondent). The appellant sought to set aside the award under Section 34 of the Arbitration & Conciliation Act, 1996 and, pursuant …

M/S. VIJETA CONSTRUCTIONversusM/S. INDUS SMELTERS LTD. & ANR.

2021 INSC 530Remitted to Lower Court

The dispute involved M/s. Vijeta Construction alleging non‑payment of Rs.2,44,92,846 for TMT bars supplied by M/s. Indus Smelters, which had paid only Rs.1,24,50,000. Indus Smelters approached the Micro and Small Enterprises Facilitation Council under the MSMED Act, which dismissed the application …

UFLEX LTD.versusGOVERNMENT OF TAMIL NADU & ORS.

2021 INSC 492Appeal(s) allowed

The Supreme Court examined a dispute over a government tender for polyester hologram excise labels, where two unsuccessful bidders, Kumbhat Holographics and Alpha Lasertek India LLP, alleged that the tender specifications were tailored to favour the successful bidders, UFLEX Ltd. and Montage …

M/S. SILPI INDUSTRIES ETC.versusKERALA STATE ROAD TRANSPORT CORPORATION & ANR. ETC.

2021 INSC 314Dismissed

The case concerned disputes arising under the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) where a supplier (Silpi Industries) claimed unpaid amounts from Kerala State Road Transport Corporation (KSRTC) and the corporation raised counter‑claims. The issues before the Supreme …

GR GREEN LIFE ENERGY PVT. LTD.versusLEITWIND SHRIRAM MANUFACTURING PVT. LTD.

2021 INSC 107Disposed off

The appellant contractor and respondent entered a development agreement for a wind‑farm project that contained an arbitration clause providing for a three‑member tribunal, each party appointing one arbitrator who would then select a presiding arbitrator. A dispute arose over payments; the respondent …

SWISS RIBBONS PVT. LTD. & ANR.versusUNION OF INDIA & ORS.

2019 INSC 95Disposed off

The Supreme Court examined the constitutional validity of several provisions of the Insolvency and Bankruptcy Code, 2016, including the classification of financial versus operational creditors, the powers of the resolution professional, the evidentiary status of private information utilities, and …

BANK OF INDIAversusYADAV CONSULTANCY SERVICES (P) LTD. AND ANR.

2017 INSC 1176Appeal(s) allowed

Bank of India filed a recovery suit under the RDDBFI Act and, after auctioning the mortgaged property, appointed Yadav Consultancy Services as Court Commissioner to safeguard the property. The bank later discharged the commissioner and was directed by the Recovery Officer to continue paying his …

POWER MACHINES INDIA LIMITEDversusSTATE OF MADHYA PRADESH & ORS.

2017 INSC 355Dismissed

Power Machines India Ltd obtained an arbitral award under the Micro, Small and Medium Enterprises Development Act, 2006 directing it to pay a sum to Lakshmi Engineering Industries. The State of Madhya Pradesh, invoking Rule 5 of the Madhya Pradesh MSME Facilitation Council Rules, 2006, sought …